State v. Oscar Grande

Summary

The Supreme Court of New Hampshire held that Oscar Grande was collaterally estopped from relitigating ineffective-assistance-of-counsel claims in his direct appeal after litigating and losing those claims in a motion for a new trial and failing to timely appeal the trial court's ruling. The court affirmed his armed-robbery conviction.

Holdings

1. The defendant was collaterally estopped from raising the ineffective-assistance issues again on direct appeal because the issues were identical, were resolved on the merits in the trial court, the defendant was a party with a full and fair opportunity to litigate, and the findings were essential to the final judgment.
2. State v. Thompson does not permit a defendant to litigate an ineffective-assistance claim in the trial court, fail to appeal the adverse ruling, and then obtain appellate review of the same claim as part of the direct appeal.

Questions Presented

1. Whether the defendant was procedurally barred by collateral estoppel from raising on direct appeal ineffective-assistance issues that he had previously litigated in a motion for new trial and failed to timely appeal.
2. Whether State v. Thompson permitted the defendant to obtain appellate review of the ineffective-assistance claim through the direct appeal after litigating and losing the claim in the trial court.

Disposition

affirmed